New York attorney Thomas S. Tripodianos, of the law firm Welby, Brady & Greenblatt, LLP, has been selected as a Fellow of the Construction Lawyers Society of America. Mr. Tripodianos is a senior partner in the firm which focuses its practice in construction litigation. A 1993 graduate of the Saint John%u2019s University, Mr. Tripodianos received his Juris Doctor degree from Hofstra University School of Law in 1996. He has represented numerous clients in both federal and state courts. Mr. Tripodianos has earned Martindale-Hubbell's Preeminent AV Rating and has been selected as a Super Lawyer by Thomson Reuters.
Many times in the construction industry (and others), when payment for work or supplies is not forthcoming, the unpaid party will look to other, third parties, for that payment. Sometimes, what is forthcoming from these third parties is not payment but, rather, a verbal reassurance that payment will eventually be made. Sometimes this is enough to have the unpaid party continue its performance, often to its detriment.
Gregory J. Spaun, Partner, was recently installed on the Board of Directors of the Queens Bronx Building Association (QBBA). The QBBA is a trade organization comprised of over 300 construction-related member companies. The QBBA is the only local association devoted entirely to protecting the interests of all involved in the greater Queens and Bronx (and New York City) building community.
Delays are rather commonplace in the construction industry. As a result, "no-damages-for-delay" clauses are commonplace in construction contracts as well. Because these contractual provisions are considered a bargained for benefit of the contract, courts are loathe to apply one of the four narrow exceptions to the clause.